Supreme Court of Virginia
Brandon v. Cox
June 7, 2012284 Va. 251
Summary
The Supreme Court of Virginia affirmed the trial court's judgment, holding that the appellant failed to preserve her argument that the security deposit should be returned, and therefore waived the issue on appeal.
Holding
- Did Brandon preserve her argument for appeal by filing a motion for reconsideration without obtaining a hearing or ruling?. No; because the record does not show that the trial court was aware of the motion or had an opportunity to rule, the argument was not preserved and is waived.
- Does filing a motion for reconsideration without a trial‑court ruling satisfy the preservation requirement of Code § 8.01‑384(A) and Rule 5:25?. No; a motion filed without a hearing or ruling does not satisfy the statutory and rule‑based preservation requirement.
Docket 111396